Article
4.5. Innocence Commission Pilot Programs
12555.
(a) The Attorney General shall choose three counties in which to establish Innocence Commission Pilot Programs pursuant to this article to further the district attorneys’ commitment to justice, professional ethics, and integrity, and to effectuate the district attorneys’ duty to prevent and rectify the conviction of innocent persons. The Attorney General shall prioritize the selection of counties that do not have a conviction integrity program or other program for investigation of wrongful convictions.(b) Each participating district attorney’s office shall do all of the following:
(1) Establish an Innocence Commission as an outside advisory board to identify and reexamine cases involving allegations of factual innocence or wrongful conviction. The commission shall be composed of at least six members, appointed by the district attorney, who represent a cross section of the criminal justice system.
(A) Members may include, but shall not be limited to, an individual from academia, an assistant district attorney, an assistant public defender, a retired judge, a medical or mental health professional, and a representative from an innocence project or other nonprofit or community-based organization dedicated to criminal justice reform or postconviction litigation.
(B) Members shall be chosen for their
professional experience, commitment to public service, and willingness to exercise independence.
(C) Members shall have experience with criminal law, forensic issues, or postconviction litigation, although experts may be brought in, as needed, to provide additional technical assistance.
(D) The chairperson of the commission shall be chosen from the appointed members by the district attorney.
(E) The commission shall meet at least bimonthly, but may schedule additional meetings as necessary.
(2) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend for
relief individuals who are factually innocent, whose conviction was obtained as a result of a constitutional error.
12555.2.
(a) The commission shall review cases submitted to it for review by petitioners, defense counsel, or other nonprofit or community-based organizations dedicated to criminal justice reform or postconviction litigation.(b) Cases may be reviewed for any one or more of the following reasons:
(1) Actual innocence, in that the applicant alleges a plausible claim that they are actually innocent of one or more crimes of conviction.
(2) Wrongful conviction, in that the applicant alleges that a constitutional error in the trial, including, but not
limited to, the presentation of false scientific evidence, coerced testimony,
ineffective assistance of counsel, whether at trial or during plea negotiations, or prosecutorial misconduct rendered the conviction fundamentally unfair.
(3) The chairperson of the commission may choose to undertake an investigation of a case that does not meet the criteria in paragraph (1) or (2) if doing so is in the interests of justice.
(c) The commission shall have the power to issue subpoenas and compel the production of documents and testimony in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.
(d) The superior court shall designate a judge to oversee this process and resolve disputes.
(e) (1) After review, the commission shall make a recommendation to the district attorney’s office as to the disposition of the case.
(2) This article does not limit the discretion or authority granted to district attorneys under Section 1172.1 of the Penal Code, the California Constitution, and the relevant case law and statutes defining that authority. In all instances, the district attorney will make the final decision whether it is in the interests of justice for the office to seek relief from an applicant’s conviction or sentence.
(3) A district attorney’s decision to seek relief from the court based on a recommendation from the commission shall be entitled to great deference by the court.
12555.4.
(a) Each participating district attorney’s office shall track the following measures, using a template provided by the Attorney General:(1) The factors and criteria used to identify cases to be considered for investigation and review by the commission.
(2) The total number of cases considered for review and investigation by the commission. For each case, information collected shall include the date the case was considered, the defendant’s race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful
conviction claim.
(3) The total number of cases reviewed and investigated by the commission. For each case, information collected shall include the date of review and reinvestigation, the defendant’s race, ethnicity, gender, age at commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.
(4) The total number of cases reviewed for which the prosecutor recommended relief from a conviction.
(5) The total number of cases for which the recommended relief from a conviction was denied by the court, and for each case, the date of the denial, the reason for the denial, and information on the defendant’s race, ethnicity, gender, age at
commitment, groups of controlling offenses, age at time of reinvestigation, time served, time remaining, and alleged wrongful conviction claim.
(6) A summary of any implementation delays or challenges, as well as steps being taken to address them.
(b) The Attorney General shall have the template required pursuant to subdivision (a) available on or before March 1, 2026. The template shall include a set of definitions so that data reported at the case level by each commission can be evaluated effectively.
(c) The participating district attorneys’ offices shall report the data required by subdivision (a) to the Attorney General on a quarterly basis.
12555.6.
(a) The Attorney General shall collect the data reported by the participating district attorney’s office in Section 12555.4 and create an annual progress report that allows for comparison between the participating programs.(b) Notwithstanding any other law, state entities, including, but not limited to, the Department of Corrections and Rehabilitation, the State Department of Social Services, and the Department of Child Support Services, shall provide any information needed for the completion of the Attorney General’s analysis.
(c) The Attorney General shall submit the annual report to the Legislature,
commencing January 31, 2027, and each January 31 thereafter.
(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.
12555.8.
(a) The pilot programs shall run from January 1, 2026, through January 1, 2029, inclusive. The final report required pursuant to Section 12555.6 shall be submitted on or before January 31, 2029.(b) This article shall remain in effect only until January 1, 2030, and as of that date is repealed.